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HomeMy WebLinkAbout07-13-10 {[~'~j,, (~' . I~ y t) ~G.. ~,1`.•~. 1~tiiG ~/.1~ X31-"~~ Ci.J 1~.. -~~:.i R.ECIST%E'.OF 1~ViLLS OI: G~,~.~~r~..~-• COV•.vTi', FL-vT1SYLVAI:I~ Name of Decedent:---1~•~~_~SC~ --- Dsta a Death: ~ - ~~ ~ ~.Ob'~ _ File Ivu:Tber: ~' Piii~N.1:N iv Da• /1 ~ ~.a~ ~ 11 T •~.. v~ the f`.11v~UinR ~::it~l t'ae~oi_.1n [Qr1;1`1?ii~~1-1 of Cl~l~ allm~nidtrati0n of the abo.•e-captioned estate: ..... ;' 1. ~tat~ crhether administration of the estate is complete:... • • • • • • • • • • f~`Yes ~ No 2. If the an'sweris No, state when the personal representative reasonably believes that the administration will be complete: '• ~~~ 3. If the answer to rdo. 1 is YES, state the following: a. Did the personal representative file a final account with the Cout-? ... • •• • } Yes ,~10 b. The separate Otphans' CourtNo• (if any) for the personal ~',, representative's account is: ~~, • ~ - • c. Did the personal representative state an account • . info;r:ally to the parties in interest? .:................. ICI. •~'es ©Na '' d. Copies of receipts, releases, joinders and approvals of fotrnal or iufonral i~ccounts maybe • • fled with the Clerk of the Orphans' Court and tray be attached to this repgrt. W ~~_ ~ ~ ~ _ ~ C"; ,•,'• tai ~ ~ ° N o~ (~ Siga ure of purutt ~i(utg this Forft Capacity: ©Personal Rcpresentati'va Counsel Nnn;r o) P~r/rt~on lilu~ trait FoQQrm ~~~~ _'~~~ (on.~fn't` ~~ S ~ • addrrtt ~ ~ 01 '71`~ , a~yS- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DMSION N0.21-05-0263 s***+*s**•*s***•i~s***•****•****s**s*****+*****s****sts*w****s#*~***st******s** ESTATE OF DANIEL J. WHARE, DECEASED LATE OF MIDDLESEX TWP., CUMBERLAND COUNTY, PENNSYLVAI~ **s**s**s**•s*ssts~s*f*t~#****s*~rs*s*s•••******s***•s**«*s*s*s****s** *stt**** FAMII.Y SETTLIIMENT AGREEMIIVT WAIVII~TG FILING OF ACCOUN~ sss*ss+ss***s*****s*ss***st*s*ss*****s•**s*s***•*ss*s**s*****s•**s~s*s *~~**+* THLS AGREEMENT, executed this ~ day of ~~ ~ ~' 2009, by and between Amy L. Heller, Executrix of the Estate of Daniel J. , Mic el J. Where and Amy L. Heller, individually: WITNESSETH: ~' WHEREAS, Daniel J. Where died on July 13, 2006, without a Last Will and Testament; WHEREAS, on July 21, 2006, Letters of Administration were granted b~+ the Register of Wills of Cumberland County, Pennsylvania to Amy L. Heller; ~~ WHEREAS, .the estate was duly advertised in the Carlisle Sentinel on ~ gust 17, August 24, and August 31, 2006 and in the Cumberland County Law Journal on l ugust 25, September 1, and September 8, 2006; and ', WHEREAS, an Inheritance Tax Return was prepared and filed with the II, Commonwealth of Pennsylvania on October 16, 2007; and WHEREAS, The Commonwealth of Pennsylvania, Department of Reve e, has determined the Inheritance Tax owing to the Commonwealth by virtue of the d of Daniel J. Where, as evidenced by the Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax dated January 14, 2008. ~ WHEREAS, the Executor. has proceeded with the administration of the Instate consrst of nnci m8 p ~ pal assets in the amount of $11,665.39 and WHEREAS, the only parties in irrterest in the Estate are the above name parties; and WHEREAS, the parties hereto desire that they not be required to file said Account with the Orphans' Court of Cumberland County, and that the net estate ofthe decedem shall be distributed without the necessity of filing a formal account. NOW THEREFORE, the parties hereto, intending to be legally bound he~eby, mutually agree as follows: ~, 1. The parties hereto, and each of them, agree and acknowledge that they ve fully and carefully examined the First and Final Account of Amy L. Heller, Execu 'x, and the Schedule of Distribution related thereto and find them to be true and co and acceptable to the parties hereto, and further, each of them have received a copy of 's Agreement and ofthe First and Final Account and Schedule of Distribution. 2. The parties hereto ~ hereby release, remise and forever discharge the state of Daniel J. Whare, Deceased, and Amy L. Heller, Executrix, of and from all er of acts, suits, claims, accounts, accountings, debts, dues, and demands whatsoever w 'ch they or any of them or legal representatives or assigns may at any time hereafter ve against the said Executrix ,the estate or the assets thereof; from, for, touching or ~, concerning any ofthe assets and property ofthe said Estate and/or any claim or i terest thereto or therein, and the administration, managemern, collection, sale or distribu ion of any ofthe said assets and for or on account of any money, interest, income, assets r proceeds out ofthe same, from the time ofthe death ofthe said decedent to and in ludinp the date of this Agreement and Release. '~ 3. This Agreement is a full and final Family Settlemern Agreement by among the parties hereto, both fiduciary and individual, all ofthe same having been arriv at, concluded and executed after a full and complete disclosure ofthe assets ofthe ' Estate and the rights ofthe parties therein and thereto and all the parties hereto, each of them, agrees to abide by the terms hereof. !, 4. The parties hereto, and each of them, agree that they will at all times in e future and whenever necessary, appropriate or convenieirt, make, execute and deti er to each other, and/or to the other party or persons, any and all instruments, docume ~ , conveyances, deeds, releases or other instruments of any kind necessary or conve 'ent to caxry out the intention of this Agreement and/or to permit, assist and enable each to fulfill their duties with reference to the said Estate and all assets thereof. 5. This Agreement constitutes the entire understanding among the parties I ereto, and each of them acknowledges that no representations or statements of any kind, en or oral, have been made to them or any of them prior hereto by the Executrix, orb any other person or party,upon their behalf. 6. Each ofthe parties hereto agree to indemnify and hold harmless to the extent ofthe distribution hereunder Amy L. Heller, in her capacity as Executrix, her heirs, executors, administrators and assigns, finm and against any and all claims, losses, ', liabilities and damages, whether or not caused by the negligence which may they. s~ffer, or to which they may be subjected by reason of the administration of the Estate ofj Davie 7. Where, Deceased, and the distribution of the items hereunder is in satisfaction a~f the rights to inherit under the Intestate Laws of the Commonwealth of Pennsylvania aid the distribution hereunder is in satisfaction prior to an accoum or approval of the Orp s' Court of the Court of Common Pleas of Cumberland County, Pennsylvania and 'd indemnity includes, but is not limited to, liability for any federal estate tax, Penns Ivanio Inheritance Tax or other death taxes, together with interest and costs incidental th relating in any way to the Estate to the extent of distribution hereunder. ', 7. Each of the parties hereto understands that claims may, in the future, made against the Executrix by third parties and each of the parties agrees hereby that in e event that the Executrix is required to make any payment for any reason in satisf ion of such claim or demand that each of the parties hereto will refund a proportional s e of his or her inheritance to the Executrix in satisfaction of such claims and for the eves of such claim or demand. 8. This Agreement shall inure to the benefit of and shall be binding upon parties hereto, and each of them, their heirs, executors, administrators, successorsd assigns. 1N WITNESS WHEREOF, the parties hereto have hereunto set their respective hands seals the day and year first above written. Amy L. ller, Executrix ~, Amy L. He1I"er, Individually J. Where, 'vidu Estate of Daniel J. Whare Informal Accounting Assets Source Date Amount Michael J. Whare (Funds advanced) 7/21/2006 $ 89.00 Members 1st (lifetime checking) 8/3/2006 $ 8,754.32 ', Amp Heller (Funds advanced) 8/15/2006 $ 700.40 li Met Life Shares 10/11/2006 $ 668.07 it Michael J. Whare (Funds advanced) 10/16/2007 $ 15.00 ' IRS Tax Refund - 2006 Income Tax 6/15/2008 $ 1,439.00 $ _ ' $ - I!, $ - '~, Total $ 11,665.39 Debts/Expenses Source Date Amount ', Register of Wills 7/21/2006 $ 89.00 Court costs '~ The Carlisle Sentinel 9/11/2006 $ 122.51 Advertising Expe e Cumberland Law Journal 9/11/2006 $ 75.00 Advertising Exp e Hoffman-Roth Funeral Home 8/15/2006 $ 4,986.90 Funeral Expenses Cumberland Valley Memorial Gardei 8/28/2006 $ 700.00 Burial Expenses ~I Register of Wills 10/16/2006 $ 15.00 Court costs ~~I Amy Heller 7/10/2009 $ 700.00 Reimbursement ', Michael J. Whare 7/10/2009 $ 104.00 Reimbursement Michael J. Whare 7/10/2009 $ 500.00 Legal fees Total $ 7,292.41 ~! ~ Proposed Payment of Debts I ~I Claremont Nursing Home $ 4,372.98 StatedBalance for Distribution $ 4,372.98 Balance on Hand $ 4,372.98 Reconciliation $ - ' Exhibit A 'i ESTATE OF DANIEL d. WHARF, DECEASED WAIVER, RECEIPT, RELEASE AND AGREEMENT OF INDEMN~T1' OF CLAREMONT NURSING AND REHABILITATION CENTER The circumstances leading up to the execution of this instrument are as follows: 1. Decedent, Daniel J. Where, died on July 13, 2006, leaving no will. ', 2. On July 2b, 2006, Letters of Administration were granted by the Register off Wills of Cumberland County, Pennsylvania to Amy L. Heller. I 3. Claremont Nursing and Rehabilitation Center provided services to the D errt prior to his death and made a claim to his estate in the amount of $46, 89b.16. The Estate of D J. Where has insufficient funds to satisfy claim and Claremorn Nursing and Rehabilitation Center has ,agreed to accept $ 4,372.98 as payment in full in regards to their claim. 4. It is the desire of Claremont Nursing and Rehabili#ation Center that distribution be made to them in the amount of $4,372.98 as full and final payment of the amourn due and the A~lministratrix is willing to make such a distribution upon the execution of this instrument. NOW TORE, in consideration of the foregoing and intending to be lega~ly bound hereby, Claremorn Nursing and Rehabilitation Center A Does hereby declare that they have examined a copy ofthe Family Settlement Agreement of Daniel J. Where, deceased; B. Effective upon delivery to them of the $4,372.98 above referenced, does her acknowledge that the Administratrix has distributed to them the said amount of money above referen~; C. Does hereby absolutely and irrevocably remise, release, qui#-claim, and for Ilr discharge Amy L. Heller, inc6vidually and in her capacity as Administratox, and her heirs, executors, 'nistrators and assigns of and from any and all actions, reckonings, liabilities, claimms and demands rel 'gin arty way to lux' administration of the Estate of Daniel J. Where, deceased; and hereby absolutely an irrevocably remise, release, quit-claim, and forever discharge Mrchael J. Whane, individually or in hi capacity as attorney, and his heirs, executors, administrators and assigns of and from arty and all ns, reckonings, liabilities, claims and demands relating in any way to his representation of the Estate D 'el J. Where, dom. ~a ~ a E. Does hereby declare it to be their intention that this instrument shall be governed by the laws of Pennsylvania and shall be legally binding as an agreement under seal by it and upon their successors and assigns. F. The undersigned who has executed this release has done so within his/her c.~.pacity and with the authority to do so on the behalf of Claremont Nursing and Rehabilitation Center. G. The foregoing instrument has been executed with the understanding that the Adtninistratrix shall rely upon the same as a full and final release of the Estate of Daniel J. Whare. F~2.2 ~ ( ~~~' WITNESS (SEAL) Claremo and Rehabilitation C ter sy Dater y ®9 f/ ~ o ~a ~ / Prins Name ~!